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HomeMy WebLinkAbout08/18/1981City Council Minutes August 18, 1981 - 7:00 P.M. Page 2 A presentation by Mayor Melanie Billig to retired.Councilmember Alan C. Bond,-thanking him for all of his contributions to the City of San Luis Obispo. CONSENT ITEMS C -1 COUNCIL MINUTES On motion of Councilman Bond,-and-seconded by Councilman Dunin, the following minutes be approved: July 13, 1981 at 12:10 P.M. August 4, 1981 at 7:00 P.M. July 29, 1981 at 2:00 P.M. August 10, 1981.at 12:10 P.M. August 3, 1981 at 12:10 P.M. Motion carried all ayes. C -2 PLANNING COMMISSION TERMS OF APPOINTMENT On motion of Councilman Dunin, and seconded by Mayor Billig, the following ordinance was introduced: Ordinance No. 898; (1981 Series), an ordinance of.the City Council of the ity of San Luis Obispo amending certain provisions of Chapter 4 of the San Luis Obispo Municipal Code (Planning Commission) to revise terms of_ appointment and including wording clarification on terms that any commissioner having served six consecutive years can only serve one additional term. Introduced to print by the following roll call vote: AYES: Councilman Dunin, Mayor Billig, Councilmembers Bond and Dovey NOES: None ABSENT: Councilman Settle C -3 HISTORICAL PRESERVATION- COMMITTEE Consideration of a resolution establishing a Historical Preservation Committee (_continued 8/3/81). Councilwoman Dovey stated that she could support this resolution with the following changes. Section 2 changed to read "Technical Heritage and Preservation Committee" 1. Left the same. 2. Conduct research on and complete a survey and inventory of such structures within the City.. 3. Compile and make available to the public, information on the history of specific structures within the City. 4. Recommend to the City Council (or other appropriate bodies designated by the Council) a,list of structures and areas which should be designated as historically or architecturally culturally significant. 5. Recommend to City Council.guidelines for the development of new structures and the rehabilitation of existing structures. Section 3. The Ad -Hoc Preservation Committee will report to the City Council on their progress on these responsibilities within six months of the.appointment of.committee members. The committee will begin reviewing specific projects purusant to item #6 above after the first five are completed and accepted by the City Council. Penny Rappa stated that she could not support the proposed resolu- tion that the council had before them but would like to see a permanent committee created regardless of its name that could establish criteria for designating structures"and areas as his- torically significant and the committee given the money to make a survey and inventory on such structures within the city. She felt this preservation committee should be by ordinance and not by 1 1 City Council Minutes August 18, 1981 7:00 P.M. Page 3 resolution, and would urge the council to establish such a committee as soon as possible. Leo Penard agreed with.the comments made by Penny Rappa and stated that a communication had been sent to the City Council by Old Town Neighborhood Association to first thank the City Council for having moved ahead with the historic preservation but they felt that the resolution developed at the August 3, 1981 meeting should also incorporate the following concerns which were discussed but that did not appear in the existing resolution. They felt that if the City wanted a preservation program that is able to take advantage of tax benefits contained in the 1976 tax reform act than the City needed to adopt an ordinance which would establish "A duly designated review body such as a board or commission with the power to review proposed alterations..." The Association was requesting five items: 1. The Council should resolve to adopt an ordinance which would meet Federal and State guidelines for tax certification. 2. Direct the City Attorney to draft such an ordinance. 3. Appoint an Ad -Hoc Committee (so that work might begin before the.ordinance was adopted) to develop criteria and standards in accordance with State and Federal guidelines. 4. After in introduction of criteria and standards the council should initiate the cultural resources survey. 5. Set deadlines for these actions to be completed. Mayor Billig stated that she was very disappointed in the draft resolution submitted by staff as it was not what she considered had been discussed at the August 3, 1918 council meeting. She also did not feel that the minutes correctly reflected what the council had stated. She proposed that the resolution be changed to reflect that it not be an Ad -Hoc Committee but rather a Technical Committee. On motion of Councilman Dunin, seconded by Mayor Billig, to introduce a resolution to establish the responsibilities of a Technical Historical Preservation Committee, with minor amendments. Councilwoman Dovey moved to adopt the resolution with her suggested wording as mentioned_7previously. Motion failed for lack of a second. On motion made by Mayor Billig, and seconded by Councilman Bond, to get a full transcript of the August 3, 1981 council minutes in order to clarify for staff that the intent of the council (in making the resolution to establish an advisory body) along with the additional clarification comments made this evening and bring this back to a future council meeting. Motion carried, all ayes. C -4 HRC GRANTS -IN -AID. AGREEMENTS A. A motion of Councilman Bond, and seconded by Councilman Dunin the following resolution was introduced: Resolution No. 4575 (1981 Series), a resolution of the council of the City of San Luis Obispo approving an agreement between the City and Family Services Center to provide two thousand five hundred dollars ($2,500) for services provided from July 1, 1981 - June 30, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle C -5 City Council Minutes August 18, 1981 - 7 :00.P.M. Wage 4 B. On motion of Councilman Bond, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No 4576, (1981 Series), a resolution of the council of the City of San Luis Obispo approving an agreement between the city and San Luis Obispo Hotline, Inc. to provide five thousand four hundred dollars ($5,400) for services provided from July 1,1981 - June 30, 1982. Resolution passed on the following roll call vote: AYES: Councilmembers Bond, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle C. On motion of Councilman Bond, seconded by Councilman Dunin, the following resolution was introduced: Resolution No:'4577, (1981 Series), a resolution of the council of the City of San Luis Obispo approving an agreement between the city and the Salvation Army to provide ten thousand dollars ($10,000) for services provided from July 1, 1981 - June 30, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle D. On motion of Councilman Bond, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4578, (1981 Series), a resolution of the council of the city of San Luis Obispo approving an agreement between the city and Economic Opportunity Commission to provide one thousand dollars ($1,000) for services provided from July 1, 1981 - June 30, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle E. On motion of Councilman Bond, seconded by Councilman Dunin the following resolution was introduced: Resolution No 4579, (1981 Series), a resolution of the council of the city of San Luis Obispo approving an agreement between the city and San Luis Obispo Retired Senior Volunteer Program to provide three thousand dollars ($3,000) for services provided from July 1, 1981 to June 30, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle PUBLIC WORKS CONTRACT AMENDMENT Council considered an ordinance amending Article 7, Chapter 6 of-the San Luis Obispo Municipal Code regarding labor on all public works contracts. On motion of Councilman Bond, seconded by Councilman Dunin the following ordinance was introduced: Ordinance No. 899, (1981 series), City Council Minutes August 18, 1981 - 7:00 P.M. Page 5 an ordinance of the council of the city of San Luis Obispo amending Chapter 6 of the Municipal Code;:. repealing Sections 7600., 7600.1, 7600.3, 7600.4, 7600.5, 7600.6, of the Municipal Code Article VII, Chapter 6 and renumbering Section 7600.2 "Labor on Public Works contracts. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle C -6 PARKING LOT RESURFACING AND RECONSTRUCTION On motion of Councilman Bond, seconded by Councilman Dunin to approve plans and specifications and to authorize staff to advertise for bids for "Parking Lost Resurfacing and Fire Station No. 2 Parking Lot Reconstruction," City Plan Nos. E -35, E -36 and E -37, bid estimates $28,800, $6,170 and $14,128 respectively, without _:.....contingencies. Motion carried all ayes. Councilman Settle absent. C -7 BIA ADMINISTRATIVE CONTRACT -R. CORCORAN On motion of Councilman Bond, seconded by Councilman Dunin to continue a resolution approving an agreement between the City and Robert Corcoran as BIA Area Administrator through June 30, 1982 to September 1, 1981 council meeting. Motion carried, all ayes. C -8 QUARTERLY WATER PROGRAM PRIORITY SCHEDULE Council considered the priority schedule for waterlines under the $25,000 quarterly water program for first quarter of fiscal year 1981 -1982. Keith Gurney, speaking on behalf of John King, questioned the council why their project was listed in a priority rating of number 3 when the developers urgency ratio from 1 to 10 was higher then the second project on the list. After brief discussion, it was moved by Councilman Dunin, seconded by Mayor Billig, to approve the next two quarterly priority lists to include approval of the first three projects which would include a.10" line in Bond Street from Longview to Kentucky, to an 8" line in Lincoln from Chorro to Broad for Mr. French, Tract 939 and an 8" line in Beach Street from Pacific to Pismo for John King. Motion carried on the following roll call vote: AYES: Councilman Dunin, Mayor Billig, and Councilwoman Dovey NOES: None ABSENT: Councilmembers Bond and Settle C -9 COUNTY /CITIES BASIC EMERGENCY PLAN On motion of Councilman Bond, seconded by Councilman Dunin, to adopt the draft Basic Plan with minor revisions as submitted by staff for County /Cities Basic Plan for Peacetime Emergencies. Motion carried, Councilman Settle absent. City Council Minutes August 18, 1981 - 7:00 P.M. Page 6 C -10 TEAM MANAGEMENT SALARY AND BENEFIT PACKAGE On motion of Councilman ..Bond, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4580 (1981 Series) a resolution of the council of the City of San Luis Obispo estab- lishing salaries and benefits for certain management personnel and superseding previous resolutions in conflict. . Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: None. C -11 REVISED SALARY AND BENEFIT PACKAGE FOR THE FIRE DEPARTMENT On motion of Councilman Bond, seconded by Councilman Dunin the following resolution was introduced: Resolution No: 4581 (1981 Series), a resolution of the council of the City of San Luis Obispo adopting and retifying the memorandum of understanding between the City of San Luis Obispo and the San Luis Obispo Firefighters' Association for the Period of July 1, 1981 - June 30, 1982. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle On motion of Councilman Bond, seconded by Councilman Dunin the following resolution was introduced: Resolution No: 4582 (1981 Series), a resolution of the council of the City of San Luis Obispo increasing General Fund appropriations for the 1981/1982 fiscal year in the amount of $123,000. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle C -12 CLAIM AGAINST THE CITY - YVONNE MAGNIA On motion of Councilman Bond; seconded by Councilman Dunin, the claim against the City by Yvonne Magnia for injuries sustained to the claimant caused by tripping on alleged defective City street be denied. Motion carried, Councilman Settle absent. C -13 ASPHALTIC EMULSION AND ROCK SCREENINGS/STREET-CHIP SEAL COAT PROJECT City Clerk to report of bids received for "Asphaltic Emulsion and Rock Screenings for Street Chip Seal Coat Project," Street deficiency list, bids estimates $18,700 and $7,100 respectively without contingencies, bids opened on 8/7/81. - On motion of Councilman Bond, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4583 (1981 Series), a resolution awarding the contract to the low bidder, Walter Bros. Construction Company in the amount of $7,070. Resolution adopted on the following roll call vote: City Council Minutes August 18, 1481 7�QQ.F %M, Page 7 AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle A motion of Councilman Bond, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4584 (1981 Series), a resolution of the council of the City of San Luis Obispo determining that city staff may purchase asphaltic emulsion. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig. NOES: None ABSENT: Councilman Settle C -14 WORD PROCESSING SYSTEM BIDS City Clerks report of bids received for "Word Processing System" bids opened July 31, 1981, bid estimate $10,600 without contingencies (Administration and City Clerks Offices). On motion of Councilman Bond, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4585 (1981 Series), a resolution awarding the contract to the IBM Corporation in the amount of $10,704.70. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig ' NOES: None ABSENT: Councilman Settle On motion of Councilman Bond, seconded by Councilman Dunin the following resolution was introduced: Resolution No. 4586 (1981 Series), a resolution of the council of the City of San Luis Obispo appropriating an additional $1,219 for purchase of the word processing equipment and maintenance. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle C -15 FINAL ACCEPTANCE OF TRACT 465 -VAL VISTA ESTATES Council considered the granting a final acceptance of public improvements in Tract No. 465, located at 990 Los Osos Valley Road, Stan Bell, subdivider. Mayor Billig stated that she was still uncomfortable with granting final acceptance of all public improvements as she felt that the sewer lines should be given a final televised inspection. Stan Bell stated that the City public services inspectors had inspected these lines and they were satisfactory to them so he did not feel that it was fair for the City to delay granting of the public improvements in his project. Don Smith, Los Osos Valley Road, was concerned as these lines had overflowed twice in the last year and was not convinced that this was safe. City Council Minutes August 18, 1981 - 7:00 P.M. Page 8 After brief discussion it was moved by Councilwoman Dovey, seconded by Mayor Billig, that a final televised inspection be made with the City to choose an outside firm and that this cost would be shared 50/50 with the developer. Motion carried on the following roll call vote: AYES: Councilmembers Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilmembers Bond and Settle C -16 OPERATING AGREEMENTS - DOWNTOWN HOUSING CONSERVATION PROGRAM On motion of Councilman Bond, _seconded by Councilman Dunin, the c: following-resolution -was _ introduced::_. -Resolution..N6. -4587. C1981 Series), a resolution of the council of the City of San Luis Obispo approving operating agreements between the City and Security Pacific Bank Process Loans as part of the City's Block Grant Program. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle C -17 SOLAR WATER HEATING REPORT FOR SINSHEIMER POOL On a motion of Councilman Bond, seconded by Councilman Dunin, that the Solar Water Heating Report by Milton Johnson and Clifford Anderson be accepted and staff directed to include Solar Heating in future pool improvements for Sinsheimer Pool. Motion carried, Councilman Settle absent. C -18 WASTEWATER TREATMENT PLANT EQUIPMENT REMOVAL AND INSTALLATION Council considered City Clerks report of bids received for "Waste- water Treatment Plant, Biofilter #1, Digesters No. 1 & 3, Equipment Removal and Installation" City plan No.s D -45B, D -50B, D -51B, bid estimates $85,000 without contingencies. After brief discussion it was moved by Mayor Billig, seconded by Councilman Dunin, to reject all bids and authorize staff to re- advertise. Bids to come back to City Council by September 1, 1981. Motion carried, Councilman Settle absent. 1. LAGUNA LAKE PARK GRAZING LEASE City Council held a public auction on the leasing of approximately 153.3 acres of grazing land in Laguna Lake Park to be for a period of three years. Dave Romero, Public Services Director, reported that no rams or sheep would be allowed and that the City did not intend that this would be a bull pasture either. Mayor Billig declared the public auction to be open starting'at a minimum bid of $.80 per acre. Joanne Switzer, representing Alex Madonna, offered a bid for $.80. ... Ken Lewis of :.'Cayucos gave a bid for $.85. The bidding continued back and forth between these two individuals until Joanne Switzer offered a bid of $1.75 per acre. Mayor Billig stated that Joanne Switzer representing Alex Madonna was the successful bidder at $1.75 per acre. P 1 i' City Council Minutes August 18, 1981 - 7:00 P.M. Page 9 2. ADULT ENTERTAINMENT MORATORIUM Council held a public hearing to consider an interim urgency ordinance allowing for a four month time extension of the moratorium on Adult Entertainment Activities. Mayor Billig declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Billig declared the public hearing closed. On motion of Councilman Bond, seconded by Councilman Dunin, the following ordinance was introduced: Ordinance No. 900 (1981 Series), an interim urgency ordinance of the City of San Luis Obispo extending a moratorium on the establishment of adult entertainment enterprises for a period of four months. Introduced and finally passed on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle 3. REVISED TENTATIVE MAP FOR MINOR SUBDIVISION 80 -174 Public hearing to consider requests to revise the -boundary of the tentative map for Minor Subdivision 80 -174 to combine 15 lots into 2 lots and reflect the abandoned street located at 2238, 2246 and 2252 Broad Street, Mid -State Bank, subdivider (continued from 8/4/81). Geoff Grote, Acting Administrative Officer, stated that this item had been before the City Council at its August 4, 1981 meeting. At that time several members of the council indicated their interest in approving a revised tentative map with the proviso that the savings and loan building not be allowed a drive through window. It was his opinion that the subdivision process was not a appropriate method for the regulation of drive through windows in financial institutions. He thought that the Council's options were more limited and were as follows: Option 1 Council could deny the amendment to the tentative map. However, he would strongly recommend that Council make findings in the event they choose this course of action, i.e. improper density. Option 2 Council may approve the amendment to the tentative map and thus allowing this subdivision to create two lots from the existing 15 lots. Mayor Billig declared the public hearing open. Vic Montgomery, MDW and representing the property owner, asked that the council revise condition 5 that would allow some sort of access to Broad Street. He also felt to restrict a drive through facility would not be in keeping with the adopted CN Zone of this property which allows it with administrative approval. After brief discussion it was moved by Councilwoman Dovey, seconded by Councilman Dunin, the following resolution be introduced: Resolution No. 4588 (1981 Series), a resolution of the Council of the'City of San Luis Obispo granting approval of tentative map for Minor Subdivision No. 80 -174 with: revision to finding No. 2 so that it reads "...permitted by the C -N Zone." and revisions to condition No. 5 requiring the sub- divider to also install street trees, and adding the words "if access is permitted to parcel B." to the end of the paragraph. In addition, condition No. 6 is revised to read, '...city standards along Broad and Alphonso Street frontages of parcels A and B..." City Council Minutes August 18, 1981 - 7:00 P.M. Page 10 4. FINAL MAP FOR MINOR SUBDIVISION 79 -08 Council considered the final map for Minor Subdivision 70 -08 to create two lots from one lot located at 2761 Johnson Avenue; Ken Smee, subdivider. Dave Romero, Public Services Director, stated that the Public Services Department had reviewed.the final map and all conditions of the approved tentative map had been met with the.exception of condition 3 which requires the subdivider to install a fire hydrant on the southwesterly side of Johnson Avenue to the approval of the Fire Department. After talking with the Fire Chief he would recommend that a $3,800 bond be posted to include installation of sewer lateral, driveway and fire hydrant. This included the $1,000 to guarantee installation of separate sewer lateral for parcel 2 per condition number 8. Ken Smee, subdivider, stated that he was unaware.of the.fire hydrant . requirement but that he had no problem with any conditions of approval of the tentative map and urged the Council's approval. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Mayor Billig, the following resolution was introduced: Resolution No. 4589 (1981 Series), a resolution of the Council of__the City of San Luis Obispo granting approval of the final map of Minor Subdivision SLO- 79 -08, located at 2761 Johnson Avenue_ with amendment to include fire hydrant installation. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle 5. TENTATIVE MAP FOR TRACT 996 Council held a public hearing to consider a Planning Commission recom- mendation to approve the tentative map for Tract 996 to create a 5 -lot residential subdivision located at 675 Lincoln Street, Ray Bunnell, subdivider. Henry Engen, Community Development Director, stated that the Planning Commission on a 3 -0 -2 vote recommended that the Council adopt the resolution granting approval of tentative map subject to findings and conditions listed in the resolution. Mayor Billig declared the public hearing open. Ray Bunnell, subdivider, stated that he was in agreement with all conditions stated in the resolution with the exception of condition No. 7 requiring the sewer easement which he would like'to see as shown to be an optional condition. Jerry Peters, 523 Hill Street and property owner, was concerned that his home and others in the neighborhood would be devalued by allowing this project.to be developed as it would take their view away. He would rather see this area as open space or used for park development. After brief discussion, it was moved by Councilwoman Dovey, seconded by Councilman Dunin, the following resolution be introduced: Resolution No. 4590 (1981 Series), a resolution of the council of the city of San Luis Obispo granting approval of tentative map for Tract No. 996, located at 675 Lincoln Street with condition No. 7 to remain optional. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Bond and Mayor Billig NOES: None ABSENT: Councilman Settle 1 17 LJ City Council Minutes August 18, 1981 -7:00 P.M. Page 11 6. TENTATIVE MAP FOR TRACT 940 Council held a public hearing to consider a Planning Commission recommend- ation-to approve the tentative map for Tract 940 to create a ten -lot res- sidential subdivision located at 1531 Andrews Street, Anthony Wolf, subdivider. Mayor Billig stated that as Councilman.Settle was unable to attend this . evening, he had submitted a memorandum that read as follows: "It is my recommendation that the tract map for Tract 940 be continued because of the problem of drainage and traffic. In addition, in the issue of hill- side development as it relates to the proposed hillside development plan has not yet been adequately resolved. Further environmental determination should be made on this property from my-observations. It has also come to my attention that there is considerable neighborhood opposition regarding the above mentioned point. She continued that she asked the Council how they wished to deal with the matter. Would they prefer to take.testimony and continue it for final action later or make a decision this evening. Council decided to take testimony and get further information from staff and the consultant. Mayor Billig declared the public hearing open. Dan Lloyd, of Merriam, Deasey, and Whisenant and representing Anthony Wolf and Steve Hansen, spoke in support of the proposed development and responded to concerns regarding the drainage and traffic issues. Dave Romero, Public Services Director, felt that staff had addressed..the problem of drainage but felt that it was only a minor increase and would not sufficiently cause problems to the development. Henry Engen, Community Development Director, did not feel that the ten houses planned for this area would not have a significant impact on traffic. Randall Cruikshanks, 1792 Conejo Street, was concerned that this area was subject to wild fire hazards and was afraid that this development would bring in many more children to the area, children who may be playing with:.:. matches and, therefore, there would be a higher risk for fire. Henry Engen stated that the Planning Commission had discussed this problem and had a condition of the map that the gouses have wooden roofs and that a green belt be established along the perimeter of the property. Two ' additional fire hydrants were also to be installed along with larger water mains. Dick.Minor, Fire Chief, felt that sufficient..steps had been taken to mitigate the fire hazards. He explained the areas prevailing winds and how danger- ous a fire was or want in this area. Bob Knight, neighbor of Dr. Wolf, living at the corner of Conejo and Andrews Street, was concerned about drainage at this corner. All water drains towards Andrews Street and if an additional outlet was not installed, he was afraid that this property could become flooded during heavy rains. Christopher Helenieus, 1789 Conejo Avenue, submitted a petition to the City Council signed by 39 residents of Escuela Alta Tract which basically acknowledged the owners right to develop their property but stated their concerns in three areas that would have specific affects on the surround- ing neighborhoods, which were (1) fire hazards. They felt the area was subject to wild fire hazards and even with oral assurances by the Plan- ning Commission would be adequate. (2) Drainage. They stated that . several areas surrounding the proposed development were subject to flooding ' and excess surface water runoff in heavy rain. They urged the Council to ensure the further study of surface water flow and impact and incorporate any recommendations into the plan. (3) Traffic. The development as cur- rently configured, had only one point of ingress and egress which was on Andrews Street. The estimated increased traffic directly resulting from the development they felt was considerable and would like to see this matter given additional attention. Dave Romero, Public Services Director, felt that staff had addressed..the problem of drainage but felt that it was only a minor increase and would not sufficiently cause problems to the development. Henry Engen, Community Development Director, did not feel that the ten houses planned for this area would not have a significant impact on traffic. Randall Cruikshanks, 1792 Conejo Street, was concerned that this area was subject to wild fire hazards and was afraid that this development would bring in many more children to the area, children who may be playing with:.:. matches and, therefore, there would be a higher risk for fire. Henry Engen stated that the Planning Commission had discussed this problem and had a condition of the map that the gouses have wooden roofs and that a green belt be established along the perimeter of the property. Two ' additional fire hydrants were also to be installed along with larger water mains. Dick.Minor, Fire Chief, felt that sufficient..steps had been taken to mitigate the fire hazards. He explained the areas prevailing winds and how danger- ous a fire was or want in this area. Bob Knight, neighbor of Dr. Wolf, living at the corner of Conejo and Andrews Street, was concerned about drainage at this corner. All water drains towards Andrews Street and if an additional outlet was not installed, he was afraid that this property could become flooded during heavy rains. City Council Minutes August 18, 1981 - 7:00 P.M. Page 12 Marian Sinsheimer stated that her home was behind Dr. Wolf's and was also concerned with the fire hazard. Dan.Lloyd, MDW, felt that the subdivider had taken extreme mitigation measures and the contributions that he was giving to the City far out- weighed the negative side effects. Dr. Steven Hansen supported Dr. Wolf and felt several previous but he felt that of the problems that the City had seen development plans for this area that had been unacceptable, this development was a good one and would mitigate many that are already in existence. Councilwoman Dovey still had her reservations. She was fairly satisfied with the mitigation of the traffic. She was concerned that Mrs. Sin - sheimer's problems be looked into further, questioned if it would be possible to have a surface survey conducted by an architect in the field as an additional safeguard. Councilman Dunin stated that although generally he was against having EIRs done on all developments that this might have been one project where an EIR could have been used effectively. He was somewhat concerned with the fire hazards still, especially as there was only one access to the development. He did feel the drainage was a real problem and needed to be addressed further. He was concerned with the trees on lot 10 and having the drainage ditch put in which.was not even to be cemented in. Councilman Bond was concerned with the fire hazards. He would like to see the possibility of sprinklers put on all roofs. Mayor Billig agreed with all of the concerns expressed by the other Councilmembers additionally with the long time maintenance of swales. She felt this was a serious problem and should be addressed. She also felt the sprinklers were a good idea. Upon.general. consensus Council continued public hearing for tentative map for Tract 940 for additional information from staff on drainage, traffic, fire hazards, and other concerns expressed by Council this evening. Motion carried, all ayes. 9:00 p.m. Mayor Billig declared a recess. 9:30 p.m. Council reconvened, Councilman Settle absent. 7. DOWNTOWN HOUSING CONVERSION LAW Council held a public hearing to consider a proposed Downtown Housing Con- version Ordinance which would require Planning Commission and /or City Council approval before downtown housing areas, offices, stores or other commercial uses (continued.from 8/4/81). Geoff Grote, Acting City Administrator, stated that there was two draft ordinances. Ordinance No. 1 required a hearing by the City Council in order to secure a conversion permit. The second ordinance required a hearing by both the Planning Commission and the City Council. He would suggest that if the Council choose to pass either of the ordinances, that the following working be substituted: A. Vacation of unit. Each tenant shall have the right to remain not less than sixty days until approval of a conversion permit. The City Council may grant an extention of.this right.to remain for a period of time not to exceed an additional thirty days. B. No Increase In Rent. A tenant's rent shall not be increased during the period provided in (A).above. C. Relocation Compensation. .City Council may require that the applica= tion compensate all displacements with the.costs incurred by those tenants in relocating. Such relocation assistance shall be the actual cost in- curred by the tenant for the transportation of all personal property in the unit being vacated provided such cost shall not exceed $350. Mayor Billig declared the public hearing open. No one appeared for or against the proposed ordinance. Mayor Billig declared the public hearing closed. 1 1 City Council Minutes August 18, 1981 - 7:00 P.M. Page 13 After considerable discussion by the City-Council, Councilman Dunin moved and Mayor Billig seconded that the following ordinance in introduced in print: Ordinance No. 901 (1981 Series), an ordinance of the City of San Luis Obispo to establish permit requirements for the conversion to non - residential use of housing in portions of the central business district.. where the amendments to Section 9906 should make reference to relocation compensation and to include any vacation of unit that portion of the material that requires a 90 day period of time before tenants can be forced to move. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Dunin, Dovey and Mayor Billig NOES: Councilman Bond ABSENT: Councilman Settle 8. PROHIBITION OF PARKING - PEACH STREET Council held a public hearing to consider the prohibition of parking on the south side of Peach Street between Johnson and Pepper. Dave Romero, Public Services Director, stated that it had been the Council's policy in the past to have a public hearing when parking must be eliminated on residential streets. He stated that the traffic committee had looked at this narrow street and felt that the parking problem at this location due to the narrow street was identified as a safety hazard. It did not allow sufficient room for the emergency.vehicles access. He would recommend that the Council adopt a resolution prohibiting parking on the south side of Peach Street to Pepper Street and establishing this portion on Peach Street as a fire lane. William P. Inman, 1344 Mill Street, stated that he was opposed to elimination of parking on one side of the street as he was afraid that this would create faster thru traffic and as a result, more accidents. He would strongly urge the City Council to leave the street as presently exists. After brief discussion, it was moved by Councilwoman Dovey, and seconded by Mayor Billig, to adopt a resolution to prohibit parking on the south side of.Peach Street between Johnson Avenue and Pepper Street.with the request that staff remain aware of the traffic problems as a result of this action. After additional discussion this motion was withdrawn and suggested it be continued to the next regular meeting after additional reports by staff. On motion of Councilman Bond, seconded by Councilman Dunin, to deny the request for prohibiting parking on one side of Peach Street. Motion carried on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle 9. ORDINANCE 897 - REZONING SAN LUIS MOUNTAIN t Council held a public hearing to consider the final passage of Ordinance No. 897, an ordinance amending the official zone map of the City to rezone property at the foot of San Luis Mountain west of Highway. 101 from R -1 R -4 and C -R -S to A/C 20; Maino and Madonna owners. Vic Montgomery, representing the applicant, again urged the Council not to put this property in a agricultural zone but rather rezone it to conservation agriculture as the A/C 20 would be a permanent open space zoning. City Council Minutes August 18, 1981 - 7:00 P.M. Page 14 Mike Maino, property owner, agreed with comments made by Mr. Montgomery. After brief discussion it was moved by Mayor Billig, seconded -by "Councilwoman Dovey, that Ordinance No. 897 be given final passage, to rezone the property to A/C 20. Finally adopted on the following roll call vote: AYES: Councilmembers Dovey, Dunin and Mayor Billig NOES: Councilman Bond ABSENT: Councilman Settle On motion of Mayor Billig, seconded by Councilman Bond, that the City initiate general plan amendments to interim agricultural for this property for the May general plan hearing if the Hillside Development Specific Plan was not ready. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle 10. REVISED ELECTION CAMPAIGN REGULATIONS Council considered amending the 1976 Election Campaign Regulations Ordinance (0678) to amend the San Luis Obispo Municipal Code article 2, chapter 8. Pam Voges, City Clerk, stated that the Council had appointed an ad hoc committee to reevaluate the city campaigns regulation ordinance created in 1976. This ordinance would expire in December of 1981 if it was not readopted. She stated that the committee had met four times and they had determined that the ordinance was a good one but there were a few areas needing review. The two most notable being: 1) Block Ticket Purchasers, those individuals who purchase tickets for a fund raising event such as a B -B -Q which exceeds the $10 anonymous limit and then distributing them to family and friends but still being shown as an anonymous contribution,.and- 2) not raising the $10 anonymous limit even with the extreme inflationary increases since 1976. They were suggesting the Council look at this $10 limit again after the November 1983 election. She stated that a minority report was also submitted by Peg Pinard regarding block ticket purchasers;- Ken Schwartz, Chairperson of that committee, again reviewed those changes made by the committee and was available for any questions the Council might have. Councilman Dunin stated that he was concerned that the deadline date was moved up Wednesday noon to Tuesday at 5:00 P.M. for receiving additional contributions for the candidate over $10. Councilman Bond stated that he would like to see clarification regarding contributions of $10 or less and claimed to be anonymous and received from any contributor outside the City limits, the name to be listed. - Peg Pinard, Commissioner on the-Election Campaign Committee, stated that she would like to see even stronger regulations written into the ordinance regarding enforcement of contributors of $10 or less and who wish to remain anonymous. On motion of Councilman Bond, seconded by Councilwoman Dovey, the following ordinance was introduced: Ordinance No. 901 (1981 Series), an ordinance City Council Minutes August 18, 1981 - 7:00 P.M. Page 15 of the council of the City of San Luis Obispo amending the Campaign Regulations Ordinances. Introduced on the following roll call vote: AYES: Councilmembers Bond, Dovey, and Mayor Billig NOES: Councilman Dunin ABSENT: Councilman Settle On a motion of Councilman Bond, seconded by Mayor Billig to direct the City Attorney to research the inclusion of language "that contributions received from outside the City in any amount be listed ". 11. SOLAR WATER HEATING REGULATIONS Council considered a draft ordinance requiring certain facilities.to employ Solar Water Heating. Pam Switzer, representing P.G. &E., stated that P.G. &E. had a Solar Energy Task Force and they would like to have the City's draft submitted to them for additional input before the Council adopted this ordinance. Councilwoman Dovey stated she would like an additional list be included defining recreational and theraputic pools. On motion of Councilman Dunin, seconded by Mayor Billig that the draft ordinance be given to P.^,. &E. Solar Energy Task Force for additional comments and reports by staff, including suggested changes by Council. :::Motion carried, Councilman Settle absent. ' E -1 REPAIRS TO DIGESTER AT WASTE WATER TREATMENT PLANT Dave Romero, Public Services Director, stated that in the past week operators at the Waste Water Treatment Plant stated that the propellers were not operating properly for digestor =number!l: and that gas was escaping which could create a hazardous situation. He stated that the City was about to award a contract for overhaul and major repairs of digestor number 3. That contract would start within several weeks and the work would probably extend into the fall. He felt that digestor number 1 should be repaired immediately or wait until digestor number 3 contract was completed. However, that would risk a major breakdown in the digestor process. After brief discussion it was moved by Councilman Bond, seconded by Councilman Dunin, that the following resolution was introduced: Resolution No. 4591 (1981 Series), a resolution of the Council of the City of San Luis Obispo declaring repairs to the No. 1 digestor at the city sewer plant to be urgent and awarding the contract for repairs to said digestor to the low bidder, R. Baker Construction Company in the amount of $8,980. Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle E -2 RECOMMENDATION FROM LAFCO Geoff Grote stated that LAFCO was recommending two conditions of interest to the Council. It was their opinion that annexation of the streets should also include annexation of the new post office on Madonna Road, and LAFCO recommended that the City not have authority to control access to the streets (i.e. curb cuts). City Council Minutes August 18,;.1981: = 7:00 P.M. Page 16 After brief discussion, it was general consensus by the Council that the Community Development Director be directed to represent the City at the LAFCO meeting and express City concerns opposing annexation of the Post Office site on Madonna Road. E -3 COMMUNICATION FROM MAYOR OF MEMPHIS, TENN. Upon discussion and general consensus, staff was directed to work with Cal Trans on better freeway signing to the City of San Luis Obispo, first investigating other similar areas, i.e. Oregon State. E -4 INSTALLATION OF TRAFFIC SIGNAL CONTROLLER BOX ON BROAD STREET Mayor Billig reported that she had received a communication from Peg Pinard asking that the City Council act to adopt a resolution asking the State to reroute 227 from Higuera to South Street. She stated that recent activities have shown that the City needed to get on the legislative agenda in order to stop some "matter of course" State highway "improvements ". She felt that an example of this was the recent "outhouse" looking traffic signal monitor recently installed at the easterly corner of Buchon and Broad Street. Peg Pinard added that the State legislative session would be ending September 15, 1981 and would not reconvene until next year. She would therefore like to get this to the State for consideration during this legislative session. That is why she asked to have this brought up this evening. After brief discussion it was moved by Councilman Bond, and seconded by Mayor Billig to send a letter to the proper State authorities notifying them of concerns regarding installation of traffic signal controllers, in particular, at Broad and Pismo and asking them to hold off further installations until the City has completed the circulation element. Further staff directed that a letter be sent to Carol Hallet requesting this item be added to the legislative agenda. Motion carried, Councilman Settle absent. There being no further business to come before the meeting, Mayor Billig adjourned the meeting at 12:30 A.M. until Tuesday, August 31,.19 . 81 at 12:00 P.M. to discuss the Edna -Islay Spefic Plan and the EIR appeal. APPROVED BY COUNCIL ON:�� 8/18/81 P mela Voges, Ci C rk --------------------------------------------------------------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, AUGUST 31, 1981 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL Councilmembers Present: Ron Dunin, Allen Settle, and Mayor Melanie C. Billig Absent: GlennaDeane Dovey, One Vacancy